Duncan v. Hornsby

BROWN, Justice.

The original bill was filed by the heir at law of the mortgagor, to redeem from a mortgage foreclosure sale a part of the property covered by the mortgage and the foreclosure, and as amended, the bill averred that the complainant, before the filing of the original bill, had exercised the statutory right to redeem the other property covered by the mortgage and the foreclosure thereof.

The circuit court sustained the demurrer of the defendants to the bill on the ground, among others, that the statutory right of redemption could not be exercised by piece meal, and when exercised in…